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Commercial Suit No. 20/2023

Case between A.G.Vijayan et al vs Susheela Narayanan et al regarding realisation of money

Court
Commercial Court of Kozhikode
Judge
Sri.Krishnankutty.K.V
Order Date
2025-01-31
Duration
approximately-2 years 1 month
Case Closed
Fri, 01/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a dispute between the plaintiffs and defendants who are close relatives regarding a partnership firm and a dishonoured cheque. The plaintiffs demand repayment of an amount due after retiring from the partnership.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiffs, ordering the defendants to pay the plaintiffs the amount of Rs. 34,10,000/- along with interest from the date of the suit until realization.
Judgment Favored
Plaintiff
Relief Granted
Rs.34,10,000/- with 9% interest from the date of the suit till realisation
Case Type
Commercial Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, ordering the defendants to pay the plaintiffs the amount of Rs. 34,10,000/- along with interest from the date of the suit until realization.
Why Plaintiff Won:
The plaintiffs proved their case with sufficient evidence regarding the dishonoured cheque and the partnership agreement.
Losing Side's Weaknesses:
The plaintiffs proved their case with sufficient evidence regarding the dishonoured cheque and the partnership agreement.
Supporting Evidence
The analysis of evidence shows that the plaintiffs were able to prove their case with sufficient evidence and the legal burden of proof rests upon the plaintiff.

Judgment Evidence:

In the result suit decreed as follows: Defendant is directed to pay the plaintiff an amount of Rs.34,10,000/- (Rupees Thirty Four Lakhs Ten Thousand only) with 9% interest from the date of the suit till realisation.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
A.G.Vijayan
Party Age
65
Relation
S/o
Party Role
Plaintiff
Party Name
Suresh
Party Age
63
Relation
S/o
Party Role
Plaintiff
Party Name
Anilkumar.V
Party Age
57
Relation
S/o
Party Role
Plaintiff
Party Name
Sasidharan
Party Age
56
Relation
S/o
Party Role
Plaintiff
Party Name
Sumesh K
Party Age
41
Relation
S/o
Party Role
Defendant
Party Name
Susheela Narayanan
Party Age
70
Relation
W/o
Party Role
Defendant
Party Name
Sasi K
Party Age
53
Relation
S/o
Plaintiffs Documents
Copy of Acknowledgment of Registration of firms, Copy of partnership agreement, Retirement agreement from partnership, Cheque No. 734704 of P.N.Bank, Dishonor Memo, Lawyer notice to defendants, Postal acknowledgment
Defendants Documents
Award copy of ARC 5682/23 of M.S.C.B, Photograph

Advocates

Party Role
Plaintiff
Advocate Name
Sri.V.Sunilkumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt.K.Megha
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.K.Sivadasan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.V.G.Surendran
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Smt.Anusha.K.P
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiffs entitled to recover Rs.34,10,000/- with interest.
Evidence:
Defendant is directed to pay the plaintiff an amount of Rs.34,10,000/- (Rupees Thirty Four Lakhs Ten Thousand only) with 9% interest from the date of the suit till realisation.

Documents & Evidence

Document Type: Partnership Agreement
Submitted By: Plaintiff
Relevance:
Establishes the formation of the partnership firm M/s. Ponpara Ventures.
Reference:
Ext.A2
Document Type: Retirement Agreement
Submitted By: Plaintiff
Relevance:
Documents the plaintiffs' retirement from the partnership and the payment due.
Reference:
Ext.A3
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque issued by the 2nd defendant for the payment to the plaintiffs.
Reference:
Ext.A4
Document Type: Dishonor memo
Submitted By: Plaintiff
Relevance:
Indicates the dishonor of the cheque due to insufficient funds.
Reference:
Ext.A5
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice sent to defendants demanding payment.
Reference:
Ext.A6
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque from Mavoor Service Cooperative Bank as per the retirement agreement.
Reference:
Ext.A12
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque drawn on UCO Bank as per the retirement agreement.
Reference:
Ext.A13
Document Type: Blank Stamp Paper
Submitted By: Plaintiff
Relevance:
Document used for signatures by plaintiffs and defendants.
Reference:
Ext.A14
Document Type: Rent Agreement
Submitted By: Plaintiff
Relevance:
Document signed by the 1st defendant.
Reference:
Ext.A15
Document Type: Award Copy
Submitted By: Defendant
Relevance:
Relates to the financial obligation of the defendants.
Reference:
Ext.B1
Document Type: Photograph
Submitted By: Defendant
Relevance:
Evidence presented by the defendant.
Reference:
Ext.B2
Document Type: Account Application
Submitted By: Unknown
Relevance:
Third-party evidence related to the bank account.
Reference:
Ext.X1
Document Type: Account Statement
Submitted By: Unknown
Relevance:
Account activity related to the partnership.
Reference:
Ext.X2

Case Classification

Case Type
Commercial Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between A.G.Vijayan et al vs Susheela Narayanan et al regarding realisation of money
Case Code Year
Case between A.G.Vijayan et al vs Susheela Narayanan et al regarding realisation of money

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Wed, 12/23/2020 - 12:00
Case Closed
Fri, 01/31/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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